SamJudie

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Registered: 03/02/10
Posts: 128
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| | 03/25/11 | Reply with quote | #1 |
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CLICK HERE ! then.......... Suggestions for wording in SB 254 to assure both Claimant and Respondent have equal protections, equal accountability and are subject to equal punishments for certain violations. Suggested additional wording is in PLAIN TEXT CAPITAL LETTERING. Removed wording has a strikethrough. SB 254 Section 3, part 6, page 6, lines 3-12 6. {If any common expense is caused by the misconduct of anyunit's owner, the} The association may assess {that} a commonexpense exclusively against {his or her} a unit OWNED BY THECLA IMANT OR THE RESPONDENT Hif the commonexpense isfor the legal fees and costs incurred by an association to defend a proceeding initiated by a claim which was: (a) Filed with the Division by the unit's owner pursuant to NRS 38.320 or 116 .760; and(b) Found by the Commission or a hearing panel to have been filed in violation of subsection 9 ofNRS 38.320 or subsection 9 or10 ofNRS 116. 760f.j, OR( C) SUBSTANTIATED BY THE DIVISION OR BY THECOMMISSION. SB 254 Section 5, part 5, page 9, lines 28-32 5 .1fthe Commission finds that an appealfrom afinal order of ahearing panel isfiled in bad faith or without reasonable cause for the purpose of delay or harassment, the Commission may impose any of the sanctions set forth in subsection 9 NRS 116.760 against the[person} CLAIMANT OR THE RESPONDENT who filed the appeal.SB 254 Section 10, part 9, page 13, lines 42-44 and page 14, lines 1-14 9. If a [per~on} CLAIMANT OR RESPONDENT files a claim ORDEFENSE OF A CLAIM pursuant to this section or NRS38.320which the [person} CLAIMANT OR RESPONDENT knows isfalse o r fraudulent or if a [person} CLAIMANT ORRESPONDENT files such a claim OR DEFENSE OF A CLAIMin bad faith or without reasonable cause for the purpose ofharassment, the Commission or a hearing panel may [impose}:(a) Impose an administrative fine of not more than $1,000 againstfaRyt the {person] CLAIMANT OR RESPONDENT who filed theclaim OR DEFENSE OF THE CLAIM;(b) Issue an order directing the [person} CLAIMANT ORRESPONDENT who filed the claim OR DEFENSE OF THE CLAIMto pay the costs incurred by the Division as a result of that filing ,including, without limitation, the costs incurred by the Division in investigating the allegations in the claim; (c) Issue an order dir ecting the [person} CLAIMANT ORRESPONDENT who filed the a claim OR DEFENSE OF THECLAIM to pay the reasonable costs and attorney's fees incurred bythe {respondent} OPPOSING PARTY IN THE CLAIM as a result ofthe filing of the claim; or (d) Take any combination of the actions set forth in paragraphs (a), (b) and (c). SB 254 Section 10, part 10, page 14, lines 15-24 1 0. If a [person} CLAIMANT OR RESPONDENT files afrivolousc laim OR FRIVOLOUS DEFENSE OF A CLAIM with the Divisionpursuant to this section or NRS38.320, the Commission or a hearing panel may: (a) Issue an order directing the [person} CLAIMANT ORRESPONDENT who filed the frivolous claim OR THE FRIVOLOUSDEFENSE OF THE CLAIM to pay the costs incurred by the Divisionas a result o f that filing, including, without limitation, the costsi ncurred by the Division in investigating the allegations of the claimAND DEFENSE OF THE CLAIM; or(b) Issue an order directing the [person} CLAIMANT ORRESPONDENT who filed the frivolous claim OR THE FRIVOLOUSDEFENSE OF THE CLAIM to pay the costs and attorney's feesincurred by the {respondent} OPPOSING PARTY IN THE CLAIMas a result o f the filing of the claim.
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SamJudie

Moderator
Registered: 03/02/10
Posts: 128
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| | 03/26/11 | Reply with quote | #2 |
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I got a note from Tim:
Sam, That is fine. I am flattered you think my comments are worthy. FYI I received an e-mail from Michael Buckley, Chairman of the CIC Commission concerning this e-mail too. Note I copied him on the e-mail He thanked me for reading it so well and said I was right. The bill, SB 254, is flawed. Both claimant and Respondent must be treated equally. The appropriate changes will be made. He said he was particularly concerned because he was involved in writing the bill and wants to be sure it is correct and fair. Tim |
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SamJudie

Moderator
Registered: 03/02/10
Posts: 128
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